'Mental state\r'

'1. Why is a suspect’s mental state at the time of the plague (MSO) important from a legal domiciliatepoint?From a legal gestatepoint, the relevance of the mental state of the suspect is important because it touch ons whether or not the strike was through with any capability, aptitude, or ability.  These factors are relevant because they determine if the defendant acted with consciousness in the cave intal of the offense.  The commission of an offense without any experience of the gravity of the seat or under a state of delirium is an exempting circumstance that exonerates the defendant from any criminal liability.The mental state is also important during the custodial investigation wherein the defendant is read his Miranda Rights.  This is particularly important because the fairness provides that the accused has the right to know of the nature of the charges against him and the possible consequences of any answer which he may flop during such questioni ng.  A mentally incapable or incompetent person will be unable(p) to comprehend these matters and therefore it is important to determine his capacity.Another linear perspective is that the mental state of the defendant also determines his skill to stand trial (CST), cogency to refuse an dementia defense, Competency to confess, Competency to waive rights to silence, Competency to omit counsel, Competency to serve a sentence, and Competency to be executed.  Under the Constitutional requirement of due process, the defendant has a right to know the charges against him and also to violate examine any witnesses that will be presented as comfortably as the right to defend himself in court.  Without a determination of the competency of the defendant, such rights of the defendant may be violated which is against the Constitutional promise of due process.2. What is the role of a rhetorical psychologist in such cases?The role of a forensic psychologist in such cases is to de termine the mental competency of the defendant.  The in-depth knowledge of human cognitive and emotional functioning that the forensic psychologist possesses enables him to arrive at a conclusion on whether or not the defendant is competent to stand trial.  The forensic psychologist can also conduct and lunacy examination to determine whether or not the act was done with criminal intent (mens rea) by the defendant.The contrastive forensic assessment instruments that the forensic psychologist utilizes in differentiate to determine the competency of the defendant are the following, Competency Screening Test (CST), Competency sound judgment means (CAI), Interdisciplinary Fitness Interview (IFI) and the MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD).3. What mistakes might a forensic psychologist put to work when conducting this type of evaluation?The most common fault that a forensic psychologist might make during these types of evalu ations involves the field of battle of predicting the human behavior of the defendant.  While the different tests and evaluations that the forensic psychologists use may be relatively dead on target in ascertain the competency of the defendant to stand trial and at the commission of the offense, the difficulty lies in determining how long the incompetency will die hard and whether or not the defendant is liable to couch future crimes in case the defendant is released or exonerated.At the present there is no way of determining whether or not the defendant may commit future crimes.  It must also be remembered that the forensic psychologist conducting the examination must also be well versed with the pertinent provisions of law applicable to the case.References:Adler, J. R. (Ed.). (2004). Forensic Psychology: Concepts, debates and practice. Cullompton: Willan.Ribner, N.G.(2002). California School of master key Psychology Handbook of Juvenile Forensic Psychology. Jossey-Bass . ISBN 0-7879-5948-0\r\n'